- 1 - NC: 2025:KHC-D:3976 WP No. 101252 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 101252 OF 2025 (EDN-AD) BETWEEN: 1. RATANDIP DIGAMBAR KAULAGE AGE 21 YEARS, STUDENT AT S.D.M JAI MATTH TRUST @ AGM AYURVEDIC MEDICAL COLLAGE AND HOSPITAL, ALGUR RC, VIJAYAPUR ROAD, JAMAKHANDI, BAGALKOTE-587301. 2. GHUGE ROHIT SANTOSH AGE 21 YEARS, S.D.M JAIN MATT TRUST @ AGM AYURVEDIC MEDICAL COLLAGE AND HOSPITAL, ALGUR RC, VIJAYAPUR ROAD, JAMAKHANDI, BAGALKOTE-587301. …PETITIONERS (BY SRI. OMKAR LAXMAN DESAI & SMT. POORNIMA E. BANAKAR, ADVOCATES) AND: 1. THE RAJIV GANDHI UNIVERSITY OF HEALTH SCIENCES, 4TH T BLOCK, JAYANAGAR, BENGALURU-560041, REPRESENTED BY ITS REGISTRAR. 2. THE RAJIV GANDHI UNIVERCITY OF HEALTH SCIENCES 4TH T BLOCK, JAYANAGAR, BENGALURU-560041, REPRESENTED BY ITS VICE-CHANCLER. 3. S.D.M. JAIN MATT TRUST @ AGM AYURVEDIC MEDICAL COLLAGE AND HOSPITAL, Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:3976 WP No. 101252 of 2025 ALGUR RC, VIJAYANAGAR ROAD, JAMAKHANDI, BAGALKOTE-587301, REPRESENTED BY ITS PRINCIPAL, DR. MURALEEDHAR BADIGER, AGED ABOUT 44 YEARS, …RESPONDENTS (BY SRI. AVINASH BANAKAR., ADVOCATE FOR R1 & R2; NOTICE TO R3 IS D/W) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO WHEREFORE, FOR THE REASONS STATED HEREIN ABOVE RESPECT FULLY PRAYS THIS HON'BLE COURT MAY BE PLEASED TO ISSUE THE FOLLOWING DIRECTIONS ISSUE A WRIT IN THE NATURE OF MANDAMUS OR APPROPRIATE WRIT OR ORDER OR DIRECTIONS DIRECTING THE RESPONDENT NO.1 AND 2 UNIVERSITY TO APPROVE THE ADMISSION OF PETITIONER NO 1 AND 2 GRANTED BY THE RESPONDENT NO.3 INSTITUTION TO THE BAMS COURSE FOR THE ACADEMIC YEAR 2023-24, AND ETC. THIS WRIT PETITION, COMING ON FOR HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners are before this Court seeking for the following reliefs: a. Issue a writ in the nature of mandamus or appropriate writ or order or directions directing the R1 and 2 University to approve the admission of Petitioner No.1 and 2 granted by the R3 Institution to the BAMS Course for the academic year 2023-24 and b. Issue any other appropriate writ or order or directions; as this Hon’ble Court deems fit to grant in the facts and circumstances of the case; in the ends of justice. - 3 - NC: 2025:KHC-D:3976 WP No. 101252 of 2025 2. The grievance of the petitioners is that the petitioners have fulfilled all the requirements of the admission in the respondent - University in the BAMS course. All the documents in relation thereto have been furnished. The admission of the petitioners is within the intake capacity sanctioned by the University and National Commission for Indian System of Medicine (NCISM). 3. The petitioners having registered themselves on NEET 2023 have also secured appropriate NEET ranking. The Karnataka Examination Authority (KEA) had verified all the documents and allotted the petitioners to respondent No.3 - College. It is after respondent No.3 - College had sent the admission details to the University, the University sought to contend that marks are below the percentage required and therefore sought to deny the - 4 - NC: 2025:KHC-D:3976 WP No. 101252 of 2025 petitioners’ admission which had been approved by KEA designated by the NCISM. 4. The University is only vested with the obligation and duty to administer the University. The regulations have been formulated by NCISM. NCISM having designated KEA as the counselling authority in charge of the admission process. Once the KEA has allotted a particular student to a particular college, the further process of completing the formality of enrolment, registration of the student is to be carried out by the College and the University. 5. The respondent No.1 - University not having any say as regards the marks that have been secured by the petitioners after their allotment to respondent No.3 - College cannot contend that the marks are low, hence, I pass the following: ORDER i) The Writ Petition is allowed. - 5 - NC: 2025:KHC-D:3976 WP No. 101252 of 2025 ii) A mandamus is issued. Respondents No.1 and 2 - University is directed to approve the admission of the petitioners No.1 and 2 in respondent No.3 - College within a period of two days from the date of receipt of a copy of this order. iii) In the event of there being any delay therein, respondent No.3 - College and the University shall facilitate the petitioners in taking up their examinations commencing from 03.03.2025 by collecting examination fees and/or such other fees and by issuing necessary hall tickets and such other documents as may be required for the petitioners to take up their examinations from 03.03.2025. iv) Since the order is passed in the presence of the counsel for the respondents - University and College, the respondents – authorities shall act on the communication made by the said - 6 - NC: 2025:KHC-D:3976 WP No. 101252 of 2025 counsel, which communication is requested to be made by end of day today. Sd/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 1 Sl No.: 68